Buenrostro v. Castillo et al

Filing 29

ORDER Denying 28 Motion to Withdraw Consent to Magistrate Judge Jurisdiction, signed by Magistrate Judge Barbara A. McAuliffe on 6/29/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE LUIS BUENROSTRO,

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Plaintiff,
v.
J. CASTILLO, et al.,
Defendants.

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Case No.: 1:14-cv-00075-BAM PC
ORDER DENYING MOTION TO WITHDRAW
CONSENT TO MAGISTRATE JUDGE
JURISDICTION
(ECF No. 28)

Plaintiff Luis Buenrostro (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of

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Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by

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federal actors. On November 26, 2014, the Court dismissed Plaintiff’s first amended complaint with

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leave to amend. (ECF No. 22.) On June 11, 2015, the Court dismissed Plaintiff’s second amended

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complaint with leave to amend. (ECF No. 27.)

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On June 26, 2015, Plaintiff filed the instant motion seeking to withdraw his consent to

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Magistrate Judge jurisdiction. Plaintiff alleges in his motion that he only consented to Magistrate

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Judge jurisdiction on the advice of a fellow inmate to purportedly speed up the process. Plaintiff

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contends that the process has not been expedited and that the Magistrate Judge’s screening orders

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appear to be biased because he does not agree with them. Plaintiff now requests that this action be

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assigned to a district judge. (ECF No. 28.)
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Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), “[t]he court may,

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for good cause shown on its own motion, or under extraordinary circumstances shown by any party,

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vacate a reference . . . .” 28 U.S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (no

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absolute right in civil case to withdraw consent to magistrate judge). Following written consent, the

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reference to a Magistrate Judge will not be vacated where the party fails to demonstrate extraordinary

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circumstances and the Court does not sua sponte find good cause for withdrawal of consent. Id.

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Here, Plaintiff’s disagreement with the pace of this action and the Court’s screening orders

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provides no basis for the withdrawal of his earlier consent. Further, nowhere in his motion does

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Plaintiff demonstrate that he was unable to make decisions for himself regarding consent. Indeed,

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Plaintiff indicates that he has filed other civil actions in which he has not consented. The Court finds

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that Plaintiff has failed to demonstrate extraordinary circumstances and has failed to establish good

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cause to withdraw his consent. Dixon, 990 F.2d at 480.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to withdraw his consent to the
Magistrate Judge is denied.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 29, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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